PebbleZ Terms of Service

Our Terms of Service agreement was last updated on July 11, 2022 by Right Alignment LLC (DBA and hereinafter “Right Alignment”). By using PebbleZ™, and with your express consent, you acknowledge receipt and acceptance of this Terms of Service agreement.

Content

PebbleZ records user-generated data that saves to Apple’s HealthKit, including Mindful Minutes and Workouts data. All of this user-generated content is private to you and we do not claim ownership of this data. For more information about privacy, see our Privacy Policy. Because all of your app data is stored on your device and/or in your Apple iCloud account, we cannot guarantee there there will be no loss or corruption of data, and we are not liable for content failure in this regard. However, Right Alignment strives to provide ongoing support for our products and will assist with any known or discovered issues that may occur to the best of our ability.

Intellectual Property

PebbleZ and its original content, features, and functionality are and will remain the exclusive property of Right Alignment for as long as is applicable by law. This excludes any open source code used and user-generated content within the app. PebbleZ is protected by copyright, trademark, and other laws of the United States of America and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Right Alignment. PebbleZ’s original content has been crafted to meet intellectual property standards and is not intended to infringe upon any intellectual property rights. If you believe your intellectual property rights have been violated, please contact us at support@rightalignment.co with any concerns.

Purchases

By purchasing a subscription to PebbleZ through the Apple App Store, you warrant that (i) you are legally capable of entering into a purchase agreement, and (ii) that you have the legal right to use the instrument with which you make a purchase. You are not required to supply any personal information directly to PebbleZ to enable purchasing. PebbleZ exclusively utilizes the Apple App Store payment system to facilitate all purchases. Apple App Store services may require you to disclose personal information or sensitive banking data in order to make a purchase. Apple App Store payment services are governed by Apple policies, and we are not responsible for these transactions.

All purchases are considered final. You may contact the Apple App Store regarding any errors in purchasing. We reserve the right to revise our pricing and product specifications at any time prior to your purchase. We cannot guarantee the accuracy of any purchasing or pricing information, product images, specifications, or services due to errors, delays, third-party providers, or any other cause. We will strive to update or correct any errors or omissions that come to our attention. We may alter or change products or services subsequent to accepting and filling an order, in which case your prior purchase agreement will still be honored.

We may offer purchases via a one-time payment or through a subscription model or through in-app purchase. All of these payment types are governed by Apple App Store policies. Any promotions, discounts, or bonus offers for our products or services may be governed by rules that are separate from this agreement. If you participate in any promotional offers, please review the applicable rules related to the offer as well as our Privacy Policy. Promotional offers must be used for the stated purpose, may not be sold or transferred, and may not be publicly distributed without the express permission of Right Alignment. Promotional offers may be disabled by Right Alignment at any time for any reason, and offers are not valid for cash or other compensation. Right Alignment reserves the right to refuse benefits obtained through a promotional offer if Right Alignment determines that the user(s) obtained the offer through error, fraud, or other violation of these terms.

Feedback

Any feedback, bug reports, or feature requests you provide to Right Alignment will be considered to be given free of all rights or interest on your part. We may use this feedback to improve and create app features and functionality without any restrictions, without your express consent, and without compensation.

Third-Party Providers

Right Alignment assumes no responsibility for the content, privacy policies, or practices of any third-party website or service that may be linked within the app and which is not owned or controlled by Right Alignment. We use Apple to provide all of our app services to you including purchases via the Apple App Store. Our website services are provided through WordPress. Our social media accounts are supported by Twitter, Instagram, Facebook, and TikTok. By using services from any of these vendors, you are subject to their terms of use and privacy policies.

Limited Liability

The content of PebbleZ is provided for entertainment purposes only and does not constitute medical advice. Right Alignment will not be held liable for any actions taken based on our app content. You should not rely on or make health, legal, financial, or other decisions based on our products or services. We recommend seeking qualified medical professional care for any health concerns. Any advice or recommendations in the app are provided for entertainment only and we do not warrant any claims made within the app content. If you have a medical emergency, please contact emergency services in your area. The National Suicide Prevention Lifeline is available 24 hours a day, toll-free at 1-800-273-8255. We do not provide services to users under the age of 13.

Regarding any claims of liability arising from the use of PebbleZ, and notwithstanding any damages that you may incur, the entire liability of Right Alignment and any of its providers shall be limited to the amount actually paid by you through subscription purchase(s) or $0 USD if you haven’t made any purchase of the app.

Right Alignment and any of its providers will not be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the app, third-party software and/or third-party hardware used with the app, or otherwise in connection with any provision of this agreement), even if Right Alignment or any of its providers has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law. 

Warranties

PebbleZ is provided to you “as is” and “as available” with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Right Alignment, on its own behalf and on behalf of its providers and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the app, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, Right Alignment provides no warranty or undertaking, and makes no representation of any kind that the app will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Right Alignment nor any its providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the app, or the information, content, and materials or products included therein; (ii) that the app will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the app; or (iv) that the app, the content, or correspondence sent from or on behalf of Right Alignment are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Dispute Resolution

If you have any concern or dispute regarding PebbleZ, you agree to first try to resolve the dispute informally by contacting Right Alignment.

The laws of the United States of America, excluding its conflicts of law rules, shall govern this agreement and your use of the app. Your use of the app may also be subject to other local, state, national, or international laws.

Compliance

You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are a resident.

Severability and Waiver

If any provision of this agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Modifications

We may modify these terms at any time and will notify you regarding any material changes. From time to time, we may require a renewed acceptance of materially changed terms to continue app use. Continued use of the app constitutes continued acceptance of these terms. Please contact us at support@rightalignment.co if you have any issues regarding these terms or our products.

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